NCJ Number
67686
Date Published
1977
Length
0 pages
Annotation
THIS CASSETTE TAPE DISCUSSES THE CONFLICT OF PARENTAL RIGHTS VERSUS CHILDREN'S RIGHTS, FOCUSING ON THE PARENS PATRIAE SYSTEM IN JUVENILE COURTS.
Abstract
PARENS PATRIAE HAS DETERIORATED AS SOCIETY HAS BECOME MORE SOPHISTICATED. TODAY, JUVENILE COURTS DEAL WITH PROGRESSIVE EMANCIPATION, WHERE CHILDREN ARE TREATED AS INDIVIDUALS. IN 1967 THE SUPREME COURT RULED THAT YOUNGSTERS WOULD NO LONGER BE TREATED AS PROPERTY AND IT RULED IN 1975 THAT CHILDREN SHOULD HAVE THE RIGHT TO EDUCATION, AND THAT THIS RIGHT CANNOT BE INFRINGED WITHOUT DUE PROCESS. CHILD LABOR LAWS ARE ARCHAIC BECAUSE THEY WERE PASSED TO PROTECT CHILDREN FROM AN EVIL THAT NO LONGER EXISTS. IF IT STILL EXISTS, THEN IT IS OUTWEIGHED BY THE NEED FOR VIABLE OPTIONS FOR CHILDREN. CHILDREN SHOULD RECEIVE ALL THE RIGHTS POSSIBLE THAT WILL INCREASE THEIR CHANCES OF FINDING JOBS. FINALLY, JUDGES SHOULD BUILD IN SAFEGUARDS WHEN SENDING JUVENILES TO DIVERSION PROGRAMS BECAUSE THERE IS CONCERN FOR THE LACK OF DUE PROCESS IN THESE INSTANCES.